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MINUTES OF
Board of Regents
of
Stephen f. Austin State University
VOLUME NO. 49
April 26, 1980
Nacogdoches, Texas
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Nacogdoches, Texas
April 26, 1980
VOLUME NO. 49
80-62 Election of Chairman
80-63 Election of Vice Chairman
80-64 Election of Secretary
80-65 Adoption of Resolution and a Letter from the
Faculty Senate in Memoriam of Dr. Ralph Wright Steen
80-66 Amendment to Item 21. Naming of Buildings and Other
Facilities
80-67 Approval of Minutes of January 19, 1980
80-68 Approval of 1981 Faculty and Staff Appointments
80-69 Faculty and Staff Appointments
80-70 Resignations
80-71 Recording of Dr. Bennett Cooksey's Death
80-72 Changes in Status
80-73 Requests for Leave
80-74 Returns from Leave
80-75 Promotions
80-76 Tenure Awards
80-77 Retirements
80-78 Promotions to Emeritus Status
80-79 Regents1 Professor Designations
80-80 Budget Adjustments for FY80
80-81 Approval of Summer Session 1980 Budget
80-82 Approval of Annual Operating Budget for FY1981
80-83 Approval of Budget Transfers Between Education and
General Element of Costs,
80-84 Authorization to Request Special Items Appropriations
80-85 Authorization to Request Major Improvement and Repairs
Appropriations
80-86 Approval of Resolution
80-87 Authorization to Rebid Loose and Movable Furniture -
University Center Expansion/Remodeling Project
80-88 Approval of Contract - T. G. Evans Company - Con
struction of Home Economics South Building
80-89 Approval of Project Budget for Home Economics South
Building
80-90 Approval of Contract - John Lee Slaughter, Incorporated -
Painting of Dormitory 17 West Tower
80-91 Approval of Contract - Robert Martin, Jr. and General
Contractors, Inc. - Construction Three Parking Lots
80-92 Authority to Refloor Guidance Office (First Floor of
Austin Building)
80-93 Approval of Contract - Harold James, Inc. - Refrigeration
Machine for Plant 1
Page
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Page
80-94 Authority to Issue Purchase Order to T. W. Collins
for Removal of Asbestos Part of Ceiling in
Kennedy Auditorium 49-73
80-95 Authority to Issue Purchase Order to Beaudet Plaster
Company to Supply and Install Ceiling in Kennedy
Auditorium 49-73
80-96 Approval of Contract - MCC Powers - Installation of an
Energy Conservation Measure 49-73
80-97 Approval of Architectural Contract - Kent-Marsellos-
Scott - Preliminary Planning of Mechanical Reno
vation of Chemistry Building 49-82
80-98 Approval of Change Order No. 4 on Contract with Temple
Associates, Inc. to Construct University Woods Student
Apartments, Phase 1 Project 49-110
80-99 Approval of Preliminary Plans for Alumni Office Facility 49-110
80-100 Authorization for Attorney General of Texas to Appeal
Final Judgment in Hi His Case * 49-110
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
April 26, 1980
The meeting was called to order by Mr. Homer Bryce, Chairman of the
Board of Regents, at 9:00 a.m. April 26, 1980.
PRESENT: REGENTS -
Members: Mr. Homer Bryce of Henderson
Mr. Ted Bowen of Houston
Mr. Joe Bob Golden of Jasper
Mr. Walter C. Todd of Dallas
Mrs. Tom Wright of Nacogdoches
Mr. Robert E. Samuel, Jr. of Madisonville
Absent:
PRESENT: STAFF -
Mr. James I. Perkins of Rusk
Mr. Glenn Justice of Dallas
Mrs. George Cullum, Jr. of Dallas
C. G. Haas, Secretary to the Board
Dr. William R. Johnson, President of the University
Dr. Billy J. Franklin, V.P. for Academic Affairs
Dr. Baker Pattillo, V.P. for Student Affairs
Robert Provan, Legal Counsel
PRESENT: STUDENTS- B. French, Student Body President
Dana Sneed, Past Student Body President
Ken Lackner, RHA President
Hardy Meredith, Pine Log Photographer
Susan Williamson, Pine Log Reporter
Ann Carroll, Griffith Resident
Greta Macha, Legislative Council Representative-
Griffith Hall
Lydia Bake, Vice President of Griffith Hall
Erin Wood, President - Griffith Hall
Branda Varner, Secretary - Griffith Hall
Ellen Prague, Senator - Griffith Hall
Laura Cusack, R. H. - Griffith Hall
80-62
Upon motion of Regent Todd, seconded by Regent Golden, with all members
voting aye, it was ordered that Regent Wright be elected as Chairman of
the Board.
80-63
Upon motion of Regent Todd, seconded by Regent Golden, with all members
voting aye, it was ordered that Regent Bowen be elected as Vice Chairman
of the Board.
80-64
Upon motion of Regent Todd, seconded by Regent Golden, with all members
voting aye, it was ordered that C. G. Haas be elected as Secretary to the
Board.
80-65
Upon motion of Regent Todd, seconded by all other Regents, it was ordered
that the Resolution in Memoriam for Dr. Ralph Wright Steen be adopted and
that the letter to President Johnson from the Faculty Senate in regards to
Dr. Steenfs untimely death be entered into the minutes.
49-2
RESOLUTION OF THE BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdoches, Texas 75962
RALPH WRIGHT STEEN: IN MEMORIAM
WHEREAS, Ralph Wright Steen earned renown as a scholar of Texas history, writing fifteen
books and numerous articles on the subject and teaching it at McMurry College, Hill County Junior College,
the University of Texas, Stephen F. Austin State College, and Texas A & M University;
WHEREAS, after serving with distinction as Chairman of the Department of History and
Government :30 p.m.
80-72
Upon motion of Regent Bryce, seconded by Regent Bowen, with all members
voting aye, it was ordered that the follosing changes in status be approved:
1. Department of English and Philosophy
Mr. Beeman Bentley, Assistant Professor of English, from a salary rate of
$17,675 to $18,175, effective Spring Semester, 1980. Mr. Bentley will
retire on August 31, 1980, and this salary increase acknowledges his
many years of valuable service to SFASU.
Dr. Diane Corbin, Lecturer in English (25% time) at a salary rate
of $550.00 from March 25 to the end of the Spring Semester, 1980. This
action was necessary due to the resignation of Mr. Robert Greer.
Ms. Annette S. Dawson, Lecturer in English, to 50% time from March 25
to the end of the Spring Semester, 1980, at a salary rate of $2,159
for the Spring Semester. This increase in time was necessary due to
the resignation of Mr. Robert Greer.
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2. Department of Management and Marketing
Mr. Robert S. Anderson, Lecturer in Management, to extend his
temporary appointment to 50% time at a salary rate of $3,000 for
the Spring Semester, 1980.
Mr. Johnny Thomas Long, Lecturer in Management, to extend his
temporary appointment to 50% time at a salary rate of $3,214 for the
Spring Semester, 1980.
3. Department of Political Science
Mr. Jimmy Dale Case, Instructor in Political Science, to 50% time
at a salary rate of $4,760.53 for the Spring Semester, 1980. Mr.
Case has accepted employment elsewhere but will continue to teach
half-time for the Spring Semester.
4. University Library
Ms. Laine Farley, from Assistant Social Sciences Librarian I at a
salary rate of $11,036, to Librarian I at a salary rate of $12,036
for nine months, effective the 1980-81 academic year. Ms. Farley
will replace Mr. David Vancil who has resigned.
5. School of Education
Dr. Langston Kerr, from Professor of Education at a salary of
$24,542 for nine months to Professor of Education and Dean of the
School of Education at a salary rate of $40,500 for twelve months,
effective September 1, 1980.
6. Student Affairs
Dr. Foy Earl Varner, Jr., Physician for University Health Services,
salary rate^adjustment from $33,400 for 10-1/2 months5 to $31,000
for 10-1/2 months effective February 1, 1980. Dr. Varner temporarily
took extra night call until a new doctor was hired.
Ms. Christine Romano Levings, from Secretary'II for University
Center Programs to Program Advisor effective February ll, 1980
Salary rate adjustment from $7,072 to $10,188 for 12^months.
7. Intercollegiate Athletics for Women
Ms. Sue Gunter, from Associate Director of Intercollegiate Athletics
for Women and Head Basketball Coach (75%) at a salary rate of $16,872
for nine months and Assistant Professor of H.P.E. (25%) at a salary
rate of $5,623 for nine months to Director of Intercollegiate Athletics
for Women (75%) at a salary rate of $17,685 for nine months and As
sistant Professor of H.P.E. (25%) at a salary rate of $6,000 for nine
months, effective Fall Semester 1980.
;- ■ ' . . . "%2
April 26, 1980
RESOLUTION
WHEREAS, the Board has received Governor Clements' letter calling for a reduction in the
number of state employees and establishing as a high-priority of his administration increasing the efficiency
and effectiveness of Texas State government; and
WHEREAS, the Board recognized that Stephen F. Austin State University has practiced fiscal
conservatism for many years; and
WHEREAS, the Board notes that Stephen F. Austin State University has taken significant ac
tion during the eurrent biennium to reduce the size of its professional and non-professional staff; and
WHEREAS, the Board acknowledges that the annual budget for 1980-81 reflects the long
standing policy of Stephen F. Austin State University for efficient and effective administration; and
NOW, THEREFORE, be it resolved that the Board of Regents of Stephen F. Austin State
University states its desire that the administration of the University continue the practice of fulfilling the mis
sion of the University with the same dedication and zeal for fiscal conservatism and administrative efficiency
that it has exercised over the years.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
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80-87
Upon motion of Regent Todd, seconded by Regent Bowen, with all members
voting aye, it was ordered that the University be authorized to rebid
the loose and movable furniture and equipment for the University Center
Expansion/Remodeling Project, and that the Executive Committee of the
Board of Regents be authorized to approve of the issuance of purchase
orders therefor, as soon as feasible, with such action to be ratified
at the next regulnr meeting of the Board.
80-88
Upon motion of Regent Golden, seconded by Regent Todd, with all members
voting aye, it was ordered that the contract with T. G. Evans Company,
P. 0. Box 763, Nacogdoches, Texas, for $739,837, for the construction
of the Home Economics South Building, be approved and the Chairman of
the Board be authorized to sign the contract.
Source of Funds: Ad Valorem Tax Building Funds
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
made as of the Twenty-Sixth day of APRIL in the year of Nineteen Hundred and
Eighty
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES , TEXAS 75962 , acting herein
through its Chairman
AND THE CONTRACTOR: T. G. EVANS COMPANY
P.O. BOX 763
NACOGDOCHES, TEXAS 75961
THE PROJECT: HOME ECONOMICS BUILDING SOUTH
STEPHEN F . AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: KENT-MARSELLOS-SCOTT,
ARCHITECTS-ENGINEERS
404 PERRY BUILDING
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
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ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract
(General, Supplementary and other Conditions), the Drawings, the Specifications,
all Addenda issued prior to and all Modifications issued after execution of this
Agreement. These form the Contract, and all are as fully a part of the Contract
,i.s if attached to this Agreement or repeated herein. An enumeration of the
Contract Documents appeal's in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for
HOME ECONOMICS BUILDING SOUTH
STEPHEN F . AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or before
a date to be specified in a written "Notice to Proceed" by the Owner and,
subject to authorized adjustments, Substantial Completion shall be achieved not
later than 360 calendar days thereafter.
-2-
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The Contractor further agrees to pay as liquidated damages the sum of
Two Hundred Dollars ($200.00) per day for each consecutive calendar day
thereafter the work remains unfinished as specified in Paragraph 1.41 of
"Supplementary Conditions" and in "Proposal" .
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance
of the Work, subject to additions and deductions by Change Order as provided
in the Contract Documents, the Contract Sum of
SEVEN HUNDRED THIRTY-NINE THOUSAND EIGHT HUNDRED
THIRTY-SEVEN AND NO/100 DOLLARS ($739,837.00)
out of funds available to the Owner for expenditure for the use and benefit
of Stephen F. Austin State University from State Ad Valoreum Tax Fund Proceeds.
The Contract Sum is determined as follows:
BASE BID $739,837.00
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make
progress payments on account of the Contract Sum to the Contractor as pro
vided in the Contract Documents for the period ending the last day of the
month as follows:
-3-
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Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety percent (90%) of the portion of the Contract
Sum properly allocable to materials and equipment suitably stored at the
site or at some other location agreed upon in writing, for the period covered
by the Application for Payment, less the aggregate of previous payments
made by the Owner; and upon Substantial Completion of the entire Work, a
sum sufficient to increase the total payments to Ninety percent (90%) of the
Contract Sum, less such amounts as the Architect shall determine for all
incomplete Work and unsettled claims as provided in the Contract Documents.
The Owner at any time after 50% of the work has been completed, if it finds
that satisfactory progress is being made, may make any of the remaining
progress payments in full.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor thirty days after the Work has
been completed, the Contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the
Contract shall have the meanings designated in those conditions.
-4-
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7.2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
Drawings and Specifications entitled "HOME ECONOMICS SOUTH"
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS11,
Sheet and Section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions" and the following:
1. Addendum No. 1, dated October 3, 1979 Pages 1-6 incl.
and Detail Sheets 5-5/64 and 6-2/29
Addendum No. 2, dated October 12, 1979 Page 1
Addendum No. 3, dated March, 1980 1-11 incl.; seven pages
of Mechanical and Electrical Addenda and 2 Schedules for
Electric panels
Addendum No. 4, dated March 20, 1980, Page 1 and Detail
Sheet R-l
Addendum No. 5, dated April 1, 1980 Pages 1-2 incl. and
Detail Sheet R-2
Addendum No. 6, dated April 4, 1980 Page 1
Copies of which are attached hereto are a part of this contract.
-5-
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2. This contract is to cover the General Contract work, Plumbing,
Mechanical and Electric work, complete.
3. The said Drawings and each of all said Specifications and "General
Conditions" are made a part of this Agreement for ail intents and
purposes; provided that if anything in the said "General Conditions'1
of the Contract is in conflict with this Agreement, this Agreement
shall control and govern.
4 . The work called for and included in this Agreement is to be done
under the direction cf the Architect above named and his determination
of the true meaning and proper construction of the Drawings and Speci
fications shall be considered as final.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
J .) That Contractor shall faithfully perform his Contract and
fully indemnify and save Owner harmless from all costs
and damages which may be suffered by reason of failure
to do so, and fully reimburse and repay Owner all outlay
and expense which Owner may incur in making good any
default.
-6-
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2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority from
the Secretary of the Treasury under the Act of Congress Approved
July 30, 1957, as Acceptable Sureties on Federal Bonds" and within
the Underwriting limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws; including
those of Article 5160 Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344, Acts 56th legislature, Regular Session,
1959, effective April 27, 1959.
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, conforming
to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
-7-
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b) Comprehensive General Liability Insurance and Automobile
Liability Insurance: In an amount not less than $500,000,00
for injuries, including personal injury or accidental death
to any one person, and in an amount not less than
$500,000. 00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000. 00 .
c) Include Broad Form Property Damage Insurance. Remove
"XCU11 Exclusions (Explosion, collapse, underground property
damage) . Include damage to underground wiring, conduits,
piping .
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions" . The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming the
Owner and the Architect/Engineer as insured with the following
limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
-8-
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O Before commencement of operations heredunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsover.
-9- . ..
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8 . For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor / gij'/
Materials i"H
Total $ 739,837.00
-10-
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ex- IN WITNESS WHEREOF, the parties of these presents have
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
By
Ian
T . G . EVANS COMPANY
P.O. BOX 763
NACOGDOCHES, TEXAS 75961
Address
SEAL
By
T. G. Evans
READ AND EXAMINED:
™W Secretary
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
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ggRFQRMANCE BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (j)
T. G. EVANS COMPANY
of (2)Nacogdoches, Texas, an individual, hereinafter called
d • • i , ,-,s KANSAS, INC.
Principal and (3) TRINITY UNIVERSAL INSURANCE COMPANY OF/ of
__Dallas State of Texas
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of Seven Hundred Thirty Nine
Thousand Eight Hundred Thirty Seven and No/100
DOLLARS {%_J39,837.00 ) , in lawful money of ^ United
States, to be paid in (5) Nacogdoches County, Texas ,
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
Whereas, the Principal entered into a certain Contract with (6)
gOARDjJLREGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY,
the Owner, dated the 2&th d f April
19 _80, a copy of which is attached hereto and made a part hereof
F1" ius J^T'n n- °£:: • H°me Economics BuildingfiSouth for Stephen
F. Austin State University, Nacogdoches, Texas.
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(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the Plans, Specifications
and Contract Documents during the original term thereof, and any ex
tensions thereof which may be granted by the Owner, with or without
notice to the Surety, and, if he shall satisfy all claims and demands
incurred under such Contract, and shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any
default, then this obligation shall be void; otherwise to remain in full
force and effect.
NOW, THEREFORE, if the Principal shall repair any and
all defects in said work occasioned by and resulting from defects in
materials furnished by, or workmanship of the Principal in performing
the work covered by said Contract, occurring within a period of two
(2) years from the date of the Contract Completion Certificate, then
this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED FURTHER, That if any legal action be filed upon
this bond venue shall lie in Nacogdoches
County, State of Texas and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to
be performed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation of this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addi
tion to the terms of the Contract or to the work or to the Specifications.
PROVIDED, HOWEVER, That this bond is executed pursuant
to the provisions of Article 5160 of the Revised Civil Statutes of Texas
as amended by Acts of the 56th Legislature, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of
said Article to the same extent as if it were copied at length.
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IN WITNESS WHEREOF, this instrument is executed in
four counterparts, each one of which shall be deemed an original,
thlS the —2£«2 day of April , A.D., 19 80.
ATTEST:
T. G. EVANS COMPANY
Principal
(Principal) Secretary
By
SEAL
(Surety)Secretary
Witness &s to Principal
Tyler, Texas
Address
ATTEST:
TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC.
AttoVTiey/ity-Fact
Witness^as to Surety
Tyler, Texas
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners
should execute bond.
49-33
PAYMENT BOND 34
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDCCKSS
KNOW ALL MEN 3Y THESE F_ for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such
that v/hereas, the Principal entered into a certain contract with
(6) B2A^r_QF_llJi,GL-NTSt STEPHEN F. AUSTIN STATE
, the Owner,
49-34
35
-2-
dated day of______^ , A. D. ,
a copy of which is hereto attached and made a part hereof for the
construction o£:__Home__Economics_Building South for Stephen F. Austin
State University, Nacogdoches, Texas.
,urh ,, , ? -THEREFORE, the condition of this obligation is
such tnat, if the Prxncipal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Eill 344, Acts 56th Legislature
tegular Session, 1959, effective April 27, 1959, supplying labor '
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise
it shall remain in full force and effect.
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as
provide m Article 5160, Revised Civil Statutes, 1925 as
Tf ^OU" Bm M4 ACt 56th ^* Regular
fil 1 f^VIDED FUilTHE*' that if **Y legal action be
filed upon this bond, venue shall lie in __Nacogdoches County
State of Texas, and that the said Surety, for^aT^Te^ed hereby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work [o be per
shraut a nder,r thG S?ecificatio- accompanying the same
.hall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the ri.ht
of any beneficiary hereunder, whose claim may be unsatisfied
49-35
36
-3-
IN WITNESS WHEREOF, this instrument is executed in
four counterparts, each one of which shall be deemed an original,
this the 26th dav of April , A.D.T
ATTEST:
(Principal) Secretary
SEAL
Witness a% to Principal
Tuler, TExas
Address
ATTEST:
TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC.
L
Surety
CSurety) Secretary *— Attornej^lxl-Fact
Witnes/ as to Surety
Tuler. Texas
Address
NOTE Date of Bond must not be prior to date qf Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual,
.as case nay be,
(3) Correct- name of Surety
; (4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners
should execute bond.
49-36
80-89
Upon motion of Regent Bryce, seconded by Regent Todd, with all members
voting aye, it was ordered that the project budget for the construction
of the Home Economics South Building be approved, as follows:
Contract for Construction $ 739,837
Movable Equipment 30,000
Fees 56,'800
Contingency 15,000
Administrative Costs 5,000
TOTAL BUDGET $ 846*637
Source of Funds: Ad Valorem Tax Building Funds
80-90
Upon motion of Regent Bowen, seconded by Regent Samuel, with all members
voting'aye, it was ordered that the contract with John Lee Slaughter,
Incorporated, for $49,443.20, for the complete painting of the Dormitory 17
West Tower and Living Room Wing, be approved and the Chairman of the Board
be authorized to sign the contract.
Source of Funds: Repair § Renovation Sinking Fund
49-37
38
CONTRACT
THE STATE OF TEXAS J
COUNTY OF NACOGDOCHES \ ™™ ^ ^ ^ ™ESE PRESENTS
THIS AGREEMENT, made this the Twenty-Sixth day of April, 1980, by and be
tween the BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS, acting herein through its Chairman, hereinafter called "Owner" and
JOHN LEI- SLAUGHTER, INCORPORATED. 908 Pershing, Lufkin, Texas 75901, herein
after called "Contractor."
WITNESSETH, that the Contractor and the Owner for the considerations
hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the labor,
and do all things necessary to complete fully all of the work shown on the
Drawings and described in the Specifications entitled "PAINTING - DORMITORY 17
CSTEEN HALL), STEPHEN F. AUSTIN STATE UNIVERSITY" prepared by the Physical
Plant Department of Stephen F. Austin State University; and shall do
everything required by this Agreement, the "General Conditions" of the
Contract, the Drawings and the Specifications.
2. The "General Conditions" of the Contract, the "Supplementary Conditions,"
the Drawings and the Specifications, together with this Agreement, form
the Contract, and they are as fully a part of the Contract as if hereto
attached or herein repeated. The following is an enumeration of the
Specifications and Drawings:
Drawings and Specifications entitled "PAINTING - DORMITORY 17
CSTEEN HALL), STEPHEN F. AUSTIN STATE UNIVERSITY," PROJECT
NO. PPD 80-008.
A. This Contract is to cover all labor, materials, equipment, etc.,
49-38
39
necessary for the erection and completion of PAINTING - DORMITORY 17
(STEEN HALL) according to Drawings and Specifications as prepared by
the University's Director of Physical Plant. The said Drawings, and each
and all of said Specifications and "General Conditionsff are made a part
of this Agreement for all intents and purposes; provided that if any
thing in the said "General Conditions" of the Contract is in conflict
with this Agreement; this Agreement shall control and govern.
3. The work called for and included in this Agreement is to be done under the
direction of the University's Director of Physical Plant, Mr. James Harkness,
and his determination of the true meaning and proper construction of the
Specifications shall be considered as final.
4. The work to be performed under this Contract shall be commenced on or before
a date to be specified in a written "Work Order," and shall be fully completed
by July 31, 1980. The Contractor further agrees to pay as liquidated damages
the sum of $100.00 per day for each consecutive calendar day thereafter the
work remains unfinished as specified in Item VII of "Information to Bidders."
5. The Owner shall pay the Contractor for the performance of the Contract, subject
to additions and deductions provided herein,
FORTY-NINE THOUSAND FOUR HUNDRED FORTY-THREE AND 20/100 $49,443.20),
and will be paid from Pledged Property Surplus. The basis of the above con
tract price is as follows:
Base Bid $49,443.20
The Owner shall make payments on account of the Contract as provided therein
as follows: On or about the last day of each month ninety percent (90%)
of the value, based on the Contract Price of labor and materials incorporated
in the work and of materials suitably stored at the site thereof up to the
first day of that month, as estimated by the Director of Physical Plant, less
49-39
40
the aggregate of previous payments; and upon substantial completion of the
entire work, a sum sufficient to increase the total payments to ninety percent
(90%) of the Contract Price provided satisfactory evidence is furnished that
ail payrolls, material bills and other indebtedness connected with the
work have been paid. The Owner at any time after 50% of the work has been
completed, if it finds that satisfactory progress is being made, may
make any of the remaining progress payments in full. Final payment shall
be due thirty days after substantial completion of the work provided the work
be then fully completed and the Contract fully performed. Upon receipt of
written notice that the work is ready for final inspection and acceptance,
the Director of Physical Plant shall promptly make such inspection, and
when he finds the work acceptable under the Contract and the Contract fully
performed, he shall promptly issue a Final Certificate, over his own
signature, stating that the work provided for in this Contract has been
completed and is acceptable to him under the terms and conditions thereof,
and that the entire balance found to be due the Contractor, and noted in
the Final Certificate, is due and payable. Before issuance of Final
Certificate, the Contractor shall submit evidence satisfactory to the
Director of Physical Plant that all payrolls, material bills and other in
debtedness connected with the work have been paid.
6. The Contractor shall pay premium for and furnish Performance Bond and
Payment Bond in amount of 100% of Contract Price; on form to be furnished
by the University, with sureties acceptable to the Owner, conditioned:
A. That Contractor shall faithfully perform his Contract and fully
indemnify and save Owner harmless from all costs and damages which
may be suffered by reason of failure to do so, and fully reimburse
and repay Owner all outlay and expense which Owner may incur in
49-40
41
making good any default.
B. That Contractor shall pay all persons who have contracts directly
with Contractor for labor and materials save which persons shall
have a direct action against Contractor and the surety on his bond,
subject to Owner's priority. Surety Companies shall be on approved
list of U. S. Treasury Department of "Companies holding Certificates
of Authority from the Secretary of the Treasury under the Act of
Congress Approved July 30, 1957, as Acceptable Sureties on Federal
Bonds" and within the Underwriting limitations listed therein for
any single risk.
Bonds shall comply with requirements of all state laws; including
those of Article 5160 Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959,
effective April 27, 1959.
7. The Contractor shall effect, pay for, and maintain during the life of this
Contract insurance acceptable to the Owner, conforming to the following
schedule:
A. Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's Liability
Insurance, $500,000.00.
B- Comprohonsive General Liability Insurance and Automobile Liability
Insurance: In an amount not less than $500,000.00 for injuries, in
cluding personal injury or accidental death to any one person, and in
an amount not less than $500,000.00 on account of one occurrence;
Property Damage Insurance in an amount not less than $300,000.00.
C- Include Broad Form Property Damage Insurance. Remove "XCU" Exclusions
(explosion, collapse, underground property, damage). Include damage to
49-41
42
underground wiring, conduits, piping.
D- Contractual Liability Insurance: The Contractor shall obtain at his
expense Owner*s Protective Liability Insurance Policy naming the
Owner as insured, with the following limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
n- Completed Operations: Continue coverage in force for one year after
completion of work.
F. Before commencement of operations hereunder, Contractor shall furnish
to the University photostatic copies of the above mentioned insurance
policies, together with a certificate from the insurance carrier that
the insurance will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation has been given
to the Owner.
8- Builder's Risk Insurance: In lieu of the owner providing Builder!s Risk
Insurance, the University will provide continuation of the existing fire
policy to protect the building.
9. The Contractor shall complete the several portions and the whole of the
work called for under this agreement and shall deliver said improvements
and premises, upon completion, to the Owner, free and clear of all liens
and claims for labor furnished or materials used and other indebtedness
whatsoever.
For pusposes of complying with the State of Texas Sales Tax, the following
is a division between labor and materials:
49-42
43
Labor
Materials
Total
* 34,610.24
$ 14,832.96
$ 49,443.20
IN WITNESS WHEREOF, the parties of these presents have executed this
Contract in four (4) counterparts, each of which shall be deemed an original
in the year and day first above mentioned.
SEAL
C. G. Haas
Secretary to the Board
THE BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
By: to- //
(/(/'(/
JOHN LEB SLAUGHTER, INCORPORATED
907 /PERSHIMG, /LUFKIN,/TEXAS 75901
49-43
44
PEKI-'ORMANCi; HOND
(To be used in Texas as required by Chapter

in lawful money Qf
to be paid in (5) ANGELINA COUNTY, TEXAS
for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators and successors, jointly and severally, firmly
by these presents.
THE CONDITION OF TUTS OBLIGATION is such that Whereas, the Principal
entered into a certain Contract with (b)
JOHN LEE SLAUGHTER, INC. ~ "
the Owner, dated the ___26TH Jay of ^APRJL , A. D., 19_8fl> a copy
of winch is attached hereto and made a part here, f for the construction of:
PAINTING DORM 17 - STEEN HALL
(Herein called the "Work").
49-44
45
NOW, THf-RWORi;, if the Principal shall well, trulv and faithfully
perform the work in accordance with the Plans, Specifii it io;, and Contract
Documents during the original term thereof, and any exiensio.is thereof
which may be granted by the Owner, with or without'notice to the Surety,
and, if he shall satisfy all claims and demands incurred under such Contract,
and shall fully indemnify and save harmless the Own or from all costs and
damages which it may suffer by reason of failure to do so, and shall reimburse
and repay the Owner all outlay and expense which the Owner may incur in making
good any default, then this obligation shall be void; otherwise to remain
m full force and effect.
NOW, THI-Rl-FORK, if the Principal shall repair any and all defects in
saiu work occasioned by and resulting from defects in'materials furnished
by, or workmanship of the Principal in performing the work covered by said
Contract, occurring within a period of twelve (12) months from the date of
the Contract Completion Certificate, then this obligation shall be null and
void, otherwise to remain in full force and effect.
PROVIDED FURTM-R, that if any legal action
venue shall lie in ANGELINA COUNTY
be filed upon
Countv
this bond
State of
Iexas and that the said Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the Contract or to the work to be performed thereunder or the
Specifications accompanying the same shall in any wise affect its obligation
of this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms'of the'Contract or to the work
or to the Specifications.
PROVIDED, HOWKVf-R, that this bond is executed pursuant to the provisions
of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts
or the Soth Legislature, 1D59, and all liabilities on this bond shall be
determined in accordance with the provisions of r.aid Article to the same
extent as if it were copied at length.
IN WITNIiSS Wlll-RiiOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the *26TH
d">' of APRI^ f A> n 19_8Q_ • ~
ATTi-.ST:
(Principal) Secretary
PATRICIA T. SLAUGHTER
JOHN LEE S
BY
JOHN L(raii
M m
i^—
b/ipa]
E SLAUGHtER
to
K
^i
j
PRESIDENT
Witness as to IVinclpa
LISA RHAME
1.<12 East Denman ttkk
■ Luf k mf- Tax^i-&- - .-7.-S.904-
(AdJ r'ess ) 49-45
46
ATTbST:
(Surety) Secretary
'^ELtness as to Surety
JUANITA R. LEBLANC
1^11 Diana, Lufkin, Tx 75901
Address " ~
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(
Surety
BY:
Aktorney-in-Fact
LARRY D. DAVIS
APPROVED AS TO FORM:
A1T0RNI-Y GENliRAL O\: TEXAS
BY:
Assistant Attorney General
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) if Contractor is Partnership, all partners should
execute bond.
49-46
47
PAYMIW1 BOND
(To be used in Texas as required by Chapter 95 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF ANGELINA
KNOW ALL MEN BY THESE PRESENTS: That we (1)
JOHN LEE SLAUGHTER, INC.
a (2) CORPORATION
of TEXAS
hereinafter called Principal and (3) FIDELITY AND DEPOSIT COMPANY OF MARYLAND
for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
Till; CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6)
JOHN LEE SLAUGHTER, INC. ~~
, the Owner, dated
the 26th day of APRIL _f A> D i9_80_, a copy of
which is hereto attached and made a part hereof for the construction of:
PAINTING DORM 17 - STEEN HALL
49-47
49
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
7 Surety
(Surety) Secretary Ti
LARRY D. DAVIS '
?^
D ^cSa^ APPROVED AS TO FORM:
, LEBLANC /TTORNEY GENERAL OF TEXAS
Diana
Lufktn, Texas 75901 BY•
Address Assistant Attorney GeneraT
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
49-49
50
80-91
Upon motion of Regent Todd, seconded by Regent Golden, with all members
voting aye, it was ordered that the contract with Robert Martin, Jr.
and Contractor's Supplies, Incorporated, Box 113, Nacogdoches, Texas
for $95,100.00, to construct three additional parking lots in the south
end of the campus, be approved and the Chairman of the Board be
authorized to sign the contract, and that the University be authorized
to seek a proposal for a professional campus-wide study of the Uni
versity's parking and traffic requirements.
Source of Funds: Pledged Property Surplus
49-50
51
CONTRACT
THE STATE OF TEXAS J
I KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCIinS I
THIS AGREEMENT, made this the Twenty-Sixth day of April, 1980, by
and between the BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS, acting herein through its Chairman, hereinafter called
"Owner" and ROBERT A. MARTIN, JR. AND CONTRACTOR'S SUPPLIES, INCORPORATED,
P. 0. BOX 113, NACOGDOCHES, TEXAS 75961, hereinafter called "Contractor."
WITNESSETH, that the Contractor and the Owner for the considerations
hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the
work shown on the Drawings and described in the Specifications en
titled "PARKING LOTS - 1980, STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS," prepared by the Physical Plant Department of
Stephen F. Austin State University, and shall do everything required
by this Agreement, the "General Conditions" of the Contract, the
Drawings and the Specifications.
2. The "General Conditions" of the Contract, the "Supplementary Con
ditions," the Drawings and the Specifications, together with this
Agreement, form the Contract, and they are as fully a Dart of the
Contract as if hereto attached or herein repeated. The following is an
enumeration of the Specifications and Drawings:
Drawings and Specifications entitled "PARKING LOTS - 1980,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS,"
PROJECT NO. PPD 80-009.
49-51
52
A. This Contract is to cover the General Contract work complete.
The said Drawings, and each and all of said Specifications and
"General Conditions" are made a part of this Agreement for all
intents and purposes; provided that if anything in the said
"General Conditions" of the Contract is in conflict with this
Agreement; this Agreement shall control and govern.
3. The work called for and included in this Agreement is to be done under
the direction of the Director of Physical Plant, Mr. James Harkness,
and his determination of the true meaning and proper construction of the
Specifications shall be considered as final.
4. The work to be performed under this Contract shall be commenced on or
before a date to be specified in a written "Work Order," and as much
work as possible is to be completed by July 14, 1980. In no case shall
the work be completed later than September 1, 1980 without liquidated
damages. For each day thereafter, contractor agrees to pay as liquidated
damages the sum of $25.00 for each consecutive calendar day.
5. The Owner shall pay the Contractor for the performance of the Contract,
subject to additions and deductions provided herein,
NINETY-FIVE THOUSAND, ONE HUNDRED DOLLARS (895,100.00)
out of funds available to the Owner for expenditure for the use and
benefit of Stephen F. Austin State University from funds provided by
Pledged Property Surplus Funds. The basis of the above contract price
is as follows:
BASE BID $108,000.00
Item 2 - Removal of Building and
Item 3 - Concrete Surface
LESS: Change Order No. 1 12,900.00
AMOUNT OF CONTRACT $95,100.00
49-52
53
The Owner shall make payments on account of the Contract as provided
therein, as follows: On or about the last day of each month ninety per
cent (90%) of the value, based on the contract price of labor and
materials incorporated in the work and of materials suitably stored at
the site thereof up to the first day of that month, as estimated by the
Director of Physical Plant, less the aggregate of previous payments, and
upon substantial completion of the entire work, a sum sufficient to in
crease the total payments to ninety percent (90%) of the Contract Price,
provided satisfactory evidence is furnished that all payrolls, material
bills, and other indebtedness connected with the work have been paid.
The Owner, at any time after 50% of the work has been completed, if it
finds that satisfactory progress is being made, may make any of the re
maining progress payments in full. Final payment shall be due thirty
days after substantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon receipt of written
notice that the work is ready for final inspection and acceptance, the
Director of Physical Plant shall promptly make such inspection. When he
finds the work acceptable under the Contract and the Contract fully per
formed, he shall promptly issue a Final Certificate (over his own signature),
stating that the work provided for in this Contract has been completed
and is acceptable to him under the terms and conditions thereof, and
that the entire balance found to be due the Contractor, and noted in the
Final Certificate, is due and payable. Before issuance of Final Certifi
cate, the Contractor shall submit evidence satisfactory to the Director
of Physical Plant that all payrolls, material bills, and other indebtedness
connected with the work have been paid.
49-53
54
6. The Contractor shall pay premium for and furnish Performance Bond and
Payment Bond in amount of 100% of Contract Price; on form to be
furnished by the University, with sureties acceptable to the Owner, con
ditioned :
A. That Contractor shall faithfully perform his Contract and fully
indemnify and save Owner Harmless from all costs and damages which
may be suffered by reason of failure to do so, and fully reimburse
and repay Owner all outlay and expense which Owner may incur in
making good any default.
B. That Contractor shall pay all persons who have contracts directly
with Contractor for labor and materials save which persons shall
have a direct action against Contractor and the surety on his bond,
subject to Owner's priority.
Surety Companies shall be on approved list of U. S. Treasury Department
of Companies holding Certificates of Authority from the Secretary of
the Treasury under the Act of Congress Approved July 30, 1957, as Ac
ceptable Sureties on Federal Bonds1' and within the Underwriting limi
tations listed therein for any single risk.
Bond shall comply with requirements of all state laws; including those
of Article 5160 Revised Civil Statutes of Texas, 1925, as amended by
House Bill 344, Acts 56th Legislature, Regular Session, 1959, effective
April 27, 1959.
7. The Contractor shall effect, pay for and maintain during the life of
this Contract insurance acceptable to the Owner, conforming to the
following schedule:
A- Compensation ami Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's Liability
49-54
55
Insurance, $500,000.00.
B- Comprehensive General Liability Insurance and Automobile Lia
bility Insurance: In an amount not less than $500,000.00 for
injuries, including personal injury or accidental death to any one
person, and in an amount not less than $500,000.00 on account of
one occurrence; Property Damage Insurance in an amount not less
than $300,000.00.
c- Include Broad Form Property Damage Insurance. Remove "XCU" Ex
clusions (Explosion, collapse, underground property damage).
Include damage to underground wiring, conduits, piping.
D- Contractual Liability Insurance: The Contractor shall obtain at
his expense Owner's Protective Liability Insurance Policy naming
the Owner as insured with the following limits:
1) Bodily Injury
$500,000,000 (each person)
$500,000.00 (each occurrence)
2) Property Damage
$300,000.00 (each occurrence")
'•• Completed Operat ions: Continue coverage in force for one year after
completion of work.
F. Before commencement of operations hereunder, Contractor shall furnish
to the University's Director of Physical Plant photostatic conies
of the above mentioned insurance policies, together with a certifi
cate from the insurance carrier that the insurance will not be
cancelled or permitted to lapse until fifteen (15) days written
notice of said impending cancellation has been given to the Owner.
49-55
56
8. The Contractor shall complete the several portions and the whole of the
work called for under this Agreement and shall deliver said improvements
and premises, upon completion, to the Owner, free and clear of all liens
and claims for labor furnished or materials used and other indebtedness
whatsoever.
o °
Clta 1 and (3 ) fidelity and Deposit Company of Maryland of
__ State of Maryland
hereinafter called the Surety, are held and firmly bound into (4)
Stephen F. Austin State University
hereinafter called Owner, in the penal sum of Ninety Five Thousand One
Hundred and No/100
DOLLARS (s^95f 100.00 ), in lawful money of the United States,
to he paid in fS) _JjacQ£doches County,
for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators and successors, jointly and severally, firmly
by these presents.
Till: CONDITION OF TUTS OBLIGATION is such that Whereas, the Principal
entered into a certain Contract with (6) Stephen F, Austin State University
the Owner, dated the 15th day of April , A. D., 19 80 , a copy
of which is attached hereto and made a part hereof for the construction of:
PPD 88-009 - Parking Lots
(Herein c;il led the "Work") .
49-58
-2-
NOW, THEREFORE, the condition of this obligation is such that if
the Principal shall promptly make payment to all claimants as defined
o"ii^le 516° Revised Civil Statutes of Texas, 1925, as amended by House
bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27
1J59, supplying labor and materials in the prosecution of the work provided
for in said Contract, then this obligation shall be null and void; otherwise
it shall remain in full force and effect.
This bond is made and entered into solely for the protection of all
claimants supplying labor and materials in the proscctuion of the work
provided for in said Contract, and all such claimants shall have a direct
right of- action under the bond as provided in Article 5160, Revised Civil
Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959. 5
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Nacoedoches County, State of Texas,
and that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of
the Contract or to the work to be performed thereunder or the Specifications
accompanying the same shall in any wise affect its obligation on this bond
and it does hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the Specifications
PROVIDED FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of "any beneficiary hereunder, whose claim
may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the 15th
day of ... April A. D., 19 80
ATTEST:
Robert A. Martin, Jr. and Contractor's
Supplies, Inc., A Joint Venture
Principal
(Principal) Secretary
SEAL
BY
Robe MSVtin, Jr.
r Frank Dool/yf President
Witness as to Principal
Address
49-59
ATTiiST:
(Surety) Secretary
Witness as to Surety
Address
60
Fidelity and Deposit Company of Maryland
Surety
BY: ^
&ttorney-in-Eact
Ernest L. Bartlett, Jr6
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
BY:
Assistant Attorney General
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
49-60
61
PAYMIiN'l BOND
(To be used in Texas as required by Chapter 95 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF Texas
COUNTY OF Nacogdoches
KNOW ALL MEN BY THESE PRESENTS: That we (1) Robert A. Martin. Jr. and
Contractor's Supplies. Inc.. A Joint Venture _^
a (2)
of
hereinafter called Principal and (3) Fidelity and Deposit Company of Maryland
of Baltimore > State of Maryland hereinafter
called the Surety, are held and firmly bound unto (4) Stephen F. Austin
State University
hereinafter called Owner, unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of ... Ninety Five Thousand One
Hundred and No/100 DOLLARS ($ 95,100.00 )
in lawful money of the United States, to be paid in (5)
Nacogdoches County. Texas , for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION 01' THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6) Stephen F. Au,tf sut. lhlw.